

As a result, today’s hired gun will be of less and less use. Clinicians who do not agree to the terms of the affirmation will appear less credible than those who do. Expert witnesses who are Fellows of the College now must pledge to adhere to the principles outlined in ACOG’s “ Expert Witness Affirmation.” Physicians who sign this document swear, among other things, that they have relevant expertise and will provide true and impartial testimony based on generally accepted standards.ĭuring litigation, lawyers can use the affirmation to examine expert witnesses and, through questioning, alert the jury when a physician has refused to sign the document. Perhaps most relevant to Ob/Gyns is an important new program by the American College of Obstetricians and Gynecologists (ACOG). Now, the American Medical Association is beginning to regard expert testimony as a type of medical service-one that should be subject to peer review by medical societies as well as state medical boards. Over the past 20 years, the AANS has imposed penalties ranging from censure to suspension on about 2 dozen expert witnesses.
THOU SHALT NOT BEAR FALSE WITNESS PROFESSIONAL
One professional society, the American Association of Neurological Surgeons (AANS), has a distinguished record of curbing the most egregious instances of untruthful testimony. But now, several organizations are taking action to preserve the integrity of physician testimony. These “hired guns” have been difficult to control.

Perhaps the most perplexing of the many factors that contribute to the medicolegal nightmare comes from within our ranks: the “expert” witness who provides untruthful, inappropriate, and unprofessional testimony. Ask any obstetrician to name the most pressing problem of practice today and you will likely get the same quick response: a medical liability system spun out of control.
